Fair Housing/Equal Opportunity

Glenn Misner September 10, 2015

FHEO

“The Georgia Department of Community Affairs is committed to providing all persons with equal access to its services, programs, activities, education and employment regardless of race, color, national origin, religion, sex, familial status, disability or age.”

FHEO

What is Fair Housing/Equal Opportunity?

Ensuring non-discriminatory treatment and equal access to all recipients of federal funds (including CDBG).

Affirmatively Furthering Fair Housing.

FHEO

Applicability

Infrastructure improvements Public Facilities Neighborhood Revitalization Economic Development Down-Payment Assistance Section 8 Rental Assistance Any activity receiving federal funds

FHEO

Applicable Categories Race Color National origin Religion Gender Familial Status Disability Status Age Any other protected categories of persons

FHEO

Applicable Laws and Regulations Several Federal laws protect individuals from discrimination and

apply to CDBG funded activities. These include: Title VI of the Civil Rights Act of 1964

Prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.

Section 109 of the HCD Act of 1974, Title I - Prohibits discrimination on the basis of race, color, national origin, disability, age, religion, and sex within Community Development Block Grant (CDBG) programs or activities.

FHEO

Applicable Laws and Regulations

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) prohibits discrimination in housing-related transactions on the above basis as well as familial status and disability.

Section 104(b)(2) of the Housing and Community Development Act of 1974 – requires that each grantee certify that the grant will be administered in conformance with the Fair Housing Act and that the grantee will “affirmatively further fair housing” (AFFH).

FHEO

Applicable Laws and Regulations

Section 504 of the Rehabilitation Act of 1973 as amended – prohibits discrimination based on disability in any program or activity receiving federal financial assistance.

Title II of the Americans with Disabilities Act of 1990 (ADA) – Prohibits discrimination against persons with disabilities in all services, programs and activities made available by State and local governments.

FHEO

Applicable Laws and Regulations

Architectural Barriers Act of 1968 – requires that buildings constructed or assisted with federal funds be accessible to and usable by handicapped persons.

Section 3 of the Housing and Urban Development Act of 1968 - requires that employment and other economic opportunities arising in connection with housing rehab, construction or other public construction projects shall be given to low- and very low-income persons, to greatest extent feasible (24 CFR Part 135 and 24 CFR 570.487).

FHEO

Applicable Laws and Regulations

States and Local Governments receiving CDBG funds must certify that they will affirmatively further fair housing (24 CFR 570.487 and 24 CFR Part 91.325 (a)(1)).

FHEO

Affirmatively Furthering Fair Housing

No statutory definition but HUD requires a jurisdiction to:

Conduct analysis to identify impediments to fair housing choice

Take appropriate action to overcome impediments identified Maintain records to reflect the analysis and actions taken

The New AFFH Rule

Proposed rule change occurred in July of 2013 HUD announced the final rule on July 8, 2015 (Effective

8/17/15) The new rule replaces the AI with the Assessment of Fair

Housing (AFH) New format and data will be provided by HUD Designed to be more integrated in the Consolidated Planning Process Must be submitted to HUD 270 days before the start of the planning

year HUD will not accept the Consolidated Plan without an acceptable AFH

The New AFFH Rule

For purposes of the rule, affirmatively furthering fair housing “means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a program participant’s activities and programs relating to housing and urban development.”

The New AFFH Rule

For purposes of the rule, meaningful actions “means significant actions that are designed and can be reasonably expected to achieve a material positive change that affirmatively furthers fair housing by, for example, increasing fair housing choice or decreasing disparities in access to opportunity.”

FHEO

Affirmatively Furthering Fair Housing

These objectives mean jurisdictions should take action to: Analyze and eliminate housing discrimination Promote fair housing choice for all persons Provide opportunities for inclusive patterns of housing occupancy

regardless of race, color, religion, sex, familial status, disability and national origin

Promote housing that is structurally accessible to, and useable by, all persons, particularly persons with disabilities

Foster compliance with the nondiscrimination provisions of the Fair Housing Act

FHEO

State Government ResponsibilitiesIdentifying impediments to fair housing choiceConducting fair housing planningTaking actions to overcome the identified impediments

Maintaining records Assuring that local governments comply with certifications.

FHEO

What Has DCA Done to Enhance AFFH Efforts? FHEO Audit In process of completing a new Analysis of Impediments (AI)

Hired independent contractor to assist with development of AI

Held several public meetings throughout the state to gather citizen input

Solicited survey input regarding Fair Housing from stakeholders, grantees and general public

FHEO

What Has DCA Done to Enhance AFFH Efforts?

Affirmatively Furthering Fair Housing Develop Department-wide Effective Communication Policy

Outlines DCA’s policies to ensure equal access to programs for:

Persons who are disabled Provide Reasonable Accommodations Appoint 504/ADA Coordinator Complete “Self-Assessment”

FHEO

What Has DCA Done to Enhance AFFH Efforts?

Develop Department-wide Effective Communication Policy (Cont.)Outlined DCA’s policies to ensure equal access to programs for:

Persons who are disabledProvide alternate formats (where feasible)Enhance outreach effortsDevelop grievance procedures (internal and external)

FHEO

What Has DCA Done to Enhance AFFH Efforts?Develop Department-wide Effective Communication Policy (Cont.)

Limited English Proficient (LEP) personsDevelop a Language Access Plan (LAP)

Complete analysis to identify who may need assistance18 Georgia counties meet the DOJ threshold of 5% of population who speak a language at home other than English as their primary language and speak English “not well” or “not at all” (Spanish).

FHEO

September 2014

What Has DCA Done to Enhance AFFH Efforts?Develop Department-wide Effective Communication

Policy (Cont.)Develop Department-wide Effective Communication Policy (Cont.)

Limited English Proficient (LEP) persons Require that grantees in those 18 counties provide outreach and public

notices in Spanish as well as EnglishAtkinson County Evans County Hall County

Clayton County Gilmer County Murray County

Cobb County Gordon County Polk County

Colquitt County Grady County Telfair County

DeKalb County Gwinnett County Tift County

Echols County Habersham County Whitfield County

FHEO

Local Government Responsibilities

Develop proposed action to AFFH for state review and approval

Develop complaint procedureDevelop method for documenting efforts to

promote and monitor activitiesOther requirements may be imposed by state

FHEO

What Can Local Governments do to Enhance AFFH Efforts?

Post Fair Housing posters/flyers in public places Pass resolution supporting Fair Housing Discuss Fair Housing at Public Hearings Conduct a Public Information Campaign on Fair Housing Advertising the availability of housing directly to populations

“less likely to apply” Outreach to advocacy groups Train elected officials and staff on Fair Housing Laws and the

complaint process

FHEO

What Can Local Governments do to Enhance AFFH Efforts?

Identify/enlist organizations that provide housing services (housing counseling agencies, etc.)

Offer referral services to fair housing advocacy groups that conduct ordinance, regulatory and/or restrictive covenant reviews

Educate code enforcement staff on accessibility requirements for newly constructed facilities

Conduct/sponsor Fair Housing Seminars or other “Housing Fair” type activities

FHEO

Complaints/Violations of FHEO

Any and all citizen complaints are reported to HUD Fair Housing/Equal Opportunity (FHEO) for investigation.

Additional information can be obtained in the CDBG Recipient Manual or at HUD www.hud.gov

Contact Information

Pam Truitt, Grants Consultant

Phone: (404) 679-5240

E-Mail: pam.truitt@dca.ga.gov

Michael Casper, Compliance Manager

Phone: (404) 679-0594

E-Mail: michael.casper@dca.ga.gov

Steed Robinson, Office of Community Development Director

Phone: (404) 679-3168

E-Mail: steed.robinson@dca.ga.gov

Glenn Misner, Office of Field Services Director

Phone: 404-679-3138

E-Mail: glenn.misner@dca.ga.gov